Many people will sooner or later face the need to protect their rights.In most cases, this applies to claims in court related to damage to property, causing material damage and so on.. However it happens that someone touches and other areas of human interests.In this case, you can file a claim for compensation for non-pecuniary damage.
First, let's dwell on the latter concept.It came to Russia from the West, which is part of everyday life.In the lexicon of our compatriots word "compensation for moral damage" appeared not so long ago.However, in the legislation, some points already fixed.
For example, in the civil law concept of "moral damage" is interpreted primarily as moral suffering experienced by man, and only then the associated physical.On this basis, it is worth noting that to file a lawsuit about this legal entity can not, as against him not to use the word "morality".
submitting a claim for compensation for moral damages should bear in mind that later it will be necessary to prove the fact.That is, you need to have proof that the victim actually suffered, and it is quite difficult.Court will be required to present material evidence.It may be the medical reports and documents, which should include all the effects of trauma, both physical and mental.Here you can attach an extract from the case.Do not interfere in these documents certificate of stay in hospital (if any), and so on. D.
action for damages is best made in consultation with a competent lawyer who will be able to see and suggest the most advantageous point for decision in favor ofplaintiff.More often than not the result of the hearing will depend on the degree of guilt of the defendant.But there are grounds under which it will not play a role.Here, for example, include personal injury sources having an increased risk of (transport mechanisms, poison, electricity and so on. D.).Also condemns deliberate dissemination of false information which could discredit the reputation of (personal or business), dignity and honor of the plaintiff.
statement of claim for damages - a very important document for the protection of their interests.When this is important not only the content but also the shape.In the upper right (as in most official documents) corner usually prescribed name of the body, which is sent to the paper, the personal data of the claimant and the defendant (Full name, address, phone).
Cash size of the entry requirements is as important nuance.It is better to determine in advance.Of course, no one can guarantee that the claim for compensation for non-pecuniary damage will be satisfied, and the decision - made in favor of the victim, after which he will pay the whole amount requested.However, the qualitative assessment of damage (taking into account the above evidence) can protect themselves so that the defendant will not initially underestimated demand.The most competent to determine the amount of money to help a specialist, who also will not inflate this figure (which often sets up a negative judgment against the plaintiff).
In the statement must be described in detail, based on the evidence base, as well as damage was caused to the victim.Next should indicate what kind of harm to the physical and moral health of the plaintiff has suffered, as well as its consequences.At the end certainly is a list of the documents attached, is proof of the words of the victim.The claim for compensation for non-pecuniary damage more likely to win if all the papers are correct and well decorated.To do this, you can contact a lawyer, and information about payment for his services subsequently attach to the case.
